It is well known that there is a gap between comparative law theory and the way in which comparative lawyers actually compare. This contribution was written for a book that attempts to bridge the gap between theory and practice in comparative legal studies. It offers a search for the methodological underpinnings of the author’s work in the field of European private law by looking at three research lines: work on uniformity and diversity in law, on how law develops over time and on the changing role of legal institutions in a post-national society.
Smits, Jan M., Rethinking Methods in European Private Law (July 26, 2012). Maastricht European Private Law Institute Working Paper 2012/15.